1. By registering yourself to attend a class, taking a class, paid or otherwise, physically entering a Vybe Movement studio, this signifies that you have read, understood and agree to be bound by the Terms & Conditions and have signed the associated waiver. If you do not agree with these Terms, you must cease usage of the studio, or any of our Services, immediately. Vybe Movement reserves the right to review and change any of the Terms by updating this page at its sole discretion. These Terms apply to all users of our Studio, unless stated otherwise.

2. All sessions must be booked using the Momence online booking system (“Online Booking System”).

3. We reserve the right to restrict you from using our Studio. We may terminate your access and permission to use our Studio, in specific circumstances, such as if you breach these terms and conditions.

4. You must follow our Studio rules as stated below:

• Comply with our Studio rules and health and safety requirements, as amended from time to time.

• Comply with any relevant laws.

• Respect other Vybe Movement members, session package users and guests, and our Representatives, including not causing offence or injury to those people or causing damage to their property.

• Wear suitable fitness clothing when participating.

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

• Cease participating in the event of injury, discomfort or illness.

• Not allow third parties, who are not members, session package users or guests, to access the Studio.

• Comply with our Trainers’ instructions at all times.

• Use a towel when participating to maintain hygiene standards.

5. By participating in classes at Vybe Movement, you confirm that you are 16 years or older. If you are between the ages of 16-18, you confirm that your parent/guardian has signed and returned the associated consent form to Vybe Movement prior to participating in our classes. If this form has not been completed and returned, Vybe Movement reserves the right to refuse entry to the Studio.

6. Participating in any form of exercise at Vybe Movement is done entirely at your own risk. Members are advised to seek medical advice prior to commencing any exercise program if they are in any doubt about their ability to engage in exercise.
You or your parent/guardian in the case of a participant being under the age of 18, expressly waive and release any claim that you may have at any time for injury of any kind against Vybe Movement, or any person or entity involved with Vybe Movement, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

Please note, children under the age of 16 are not permitted in the studio, nor can they participate in classes for health and safety reasons.

7. Vybe Movement will make every possible effort to deliver classes and services on time as advertised. However, there may be times when a scheduled class is unable to be delivered. Vybe Movement reserves the right to make changes to the class schedules, opening hours, pricing list, and Trainers at any time without prior notice.

8. Vybe Movement provides pigeonholes for participants to store their valuables, but please note that Vybe Movement will not be responsible for the safekeeping of clients belongings while they are at the studio. We recommend that you only bring any personal belongings into our Studio which are absolutely necessary for you to possess for the duration of your visit. You are not permitted to interfere or tamper with, steal, or cause loss or damage to, the personal belongings of another person at the Studio. If you do so, we may cancel your membership/pack/single session and permanently ban you from entering our Studio.

9. Late entry is not permitted to any class whether attending in-studio or an online class. This is for your health and safety, and to minimise disruption to the class. Please ensure that you arrive 5-10 mins before the scheduled class time at a studio to avoid disappointment.

10. Full-Time Students can receive a 10% discount on full-priced memberships and class packs (excludes intro offers, special offers and merchandise). Please email us at [email protected] with a copy of your current valid student card. Memberships with a student discount applied have a 1 month minimum sign up period. Student discounts expire after 1 year from the application date. To re-activate your student discount on an annual basis, contact us at [email protected]. The notice period to cancel a membership still applies, see details in ‘Class Packs and Memberships’ and ‘Cancel Your Membership’ sections.

11. To the extent permitted by law:

a. Vybe Movement and its Representatives will not be liable and excludes all liability under these Terms and Conditions, in tort, statute or in any other way for all injury, illness, damage or loss of any kind whatsoever directly or indirectly sustained by you in relation to a membership/pack/single session, participating in any class or otherwise entering the Studio.
b. You hereby release Vybe Movement and its Representatives from all claims relating to a membership/pack/single session, participating in any class or from otherwise entering the Studio.

12. In the event that Clause 11 is not enforceable for any reason, then our maximum aggregate liability arising from or relating to any claim by you, howsoever arising shall not exceed the membership/pack/single session fees paid by you to us during the past 12 months.

13. You hereby indemnify Vybe Movement, and its Representatives, from all direct, reasonable and quantifiable loss or damage suffered by Vybe Movement and/or its Representatives as a result of you breaching these Terms and Conditions.

14. Vybe Movement use the “Vybe Movement” logo brands as trade marks in connection with our Services, and we are also the exclusive owner of logos, artwork, photographs, videos, instruction manuals, teaching materials, instructional compilations, website designs and other materials created to promote our Services (“Vybe Movement IP”). You shall not be permitted to copy, reproduce, sell, distribute, licence or otherwise use the Vybe Movement IP unless you obtain our prior written consent (which may be withheld by us in our absolute discretion).

15. Any unenforceable or void provision, or part thereof, may be severed from these Terms and Conditions without affecting the validity of the remaining provisions.

16. These Terms and Conditions shall be governed by the laws of Victoria, Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in Victoria, Australia.

17. Vybe Movement are able to novate, assign, sub-licence or otherwise transfer our rights and obligations under these Terms and Conditions to a third party nominated by us provided the third party continues to fulfil its obligations to you under these Terms and Conditions. You agree that where we do so, the new party will assume our rights and obligations under these Terms and Conditions (in whole or in part) and you will release us from those rights and conditions under these Terms and Conditions.

Vybe Movement are committed to ensuring the health and wellbeing of all of our studio clients. You are required to inform the studio and our trainers of any health risks, pre-existing injuries, illness, pregnancy, a medical condition or anything that may affect your exercise practice before starting a class. Where you have a Medical Condition, we strongly recommend that you seek approval from a medical practitioner to participate in any of our Classes. Participating in any form of exercise at our Studio with a Medical Condition is done entirely at your own risk.

Physical exercise, in all of its forms and with or without the use of equipment such as balls, dumbbells, rings or any other equipment that may be suggested by a Vybe Movement trainer, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment. Vybe Movement is not a medical organisation and its trainers or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, exercises, moves and instruction are not required to be performed by you and are carried out at your election while attending class. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.

By using Momence and/or our Website, you represent that you understand that physical exercise involves strenuous physical movement and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Vybe Movement, you will not exceed your limits while performing such activities, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time, trainers may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.

All sessions must be booked using the Momence online booking system (“Online Booking System”);
Bookings can be made up to 28 days in advance.

If you have booked to attend a class and wish to cancel your attendance, you must process a cancellation through the Online Booking System only, up to 6 hours prior to the scheduled commencement time for the class.

Vybe Movement will not accept cancellations by phone, e-mail or any other method other than by using the online booking system.

Any class cancellations made within the 6 hour window will be considered a Late Cancel.
If you do not cancel your class and you do not attend, you will be considered a No Show.
This includes classes you are added into from the waitlist.

A Late Cancel results in the loss of your class credit and a fee of $10, and a No Show results in the loss of your class credit and a fee of of $15.

Membership holders will have 2 x Late Cancel fees waived per 28 day cycle.

When you purchase a single session, and Late Cancel, you will forfeit your credit only.

Please note: The No-show fee applies to all bookings and purchase types.

By booking online you are agreeing to the late cancellation and no show policy.

Vybe Movement may change the auto-pay (“direct debit”) terms and/or pricing at any time by providing the client with written notice of such changes.

Vybe Movement is in no way responsible for additional fees that a holder may incur from their bank in relation to processing payment of fees for direct debit Memberships.

All purchases are final, and non-exchangeable, non-refundable, and non-transferable. Refunds will only be issued in accordance with Consumer Affairs regulations.

Please note, Vybe Movement are not liable for refunds, transfers, or compensation for unused classes, late cancellations, or changes due to reasons such as sickness or travel.

Additionally, if you are unable to attend a class because it is full, no refund will be provided.
Vybe Movement encourage you to contact us with any concerns regarding your booking.

Gift cards are not redeemable for cash.

Any introductory offer made by Vybe Movement may only be purchased by new clients who have not yet attended the studio. Introductory Offers will be valid for specified terms, usually expressed in days.

The term of the Introductory Offer will commence on the date of your first visit, and must be activated within 3 months of sign up.

Signing up under another alias, 2nd email address or falsifying your identity we reserve the right to cancel the offer, refuse use of the studio and no refund will be made. No refunds, transfers, suspensions or extensions are offered on unused portions of any Introductory Offer due to illness, injury, change of address, or change of mind.

If a Promotional Code is provided to an individual or business, enabling the individual/employees to receive a discounted or complimentary ‘Intro Offer’ the code must not be shared with persons outside that organisation. Vybe Movement reserves the right to cancel a complimentary or discounted Intro Offer/s if they believe this to be the case.

FOUNDATION MEMBERSHIPS
Foundation Memberships purchased during a studio opening promotion are subject to the following terms and conditions:

• Foundation Membership prices are valid for the duration of a continuous membership. Continuous membership means an ongoing weekly payment is made to retain the membership without breaks, unless a membership suspension is requested and approved by the Vybe Team (see Suspend Your Memberships, T&Cs section for details).

• If a Foundation Member cancels their membership and wishes to sign up for membership at a later date, they will no longer be eligible for the foundation member promotional rate. A new rate will apply, which is the regular membership rate.

2, 3, AND 4 PER WEEK MEMBERSHIPS
The minimum term of the Weekly Auto Pay 2, 3 and 4 per week Memberships are one month (4 payment cycles), as is discounted or student memberships (see Student Memberships in section 10). The term of these Memberships commence on the date that you purchase the Membership or such other date as agreed by Vybe Movement.

UNLIMITED WEEKLY MEMBERSHIPS
The minimum term of the Unlimited weekly Membership is six months, as is discounted or student memberships (see Student Memberships in section 10). The term of these Memberships commence on the date that you purchase the Membership or such other date as agreed by Vybe Movement.

VYBE X ADAPT JOINT MEMBERSHIP
The minimum term for the Weekly Auto Pay VYBE x ADAPT Membership is one month (4 payment cycles). The membership starts on the purchase date or another agreed-upon date. This membership is valid only for joint Pilates and Gym purchases. You can cancel anytime with 4 weeks' written notice to both adapt and Vybe emails: [email protected] and [email protected], but there is an initial 1-month commitment. If you cancel the joint membership but continue with VYBE only, the cost will revert to the standard 2, 3, 4 or Unlimited Membership, based on your choice. This change also requires a minimum 1-month commitment and follows the standard cancellation policy. Adapt Gym terms and conditions also apply.

ADDITIONAL TERMS FOR ALL MEMBERSHIPS:
Membership class allowance of sessions do not roll over from week to week.

All memberships are set to automatically roll over to another membership period. Membership fees will be charged to your nominated credit card or bank account on a weekly basis via Momence Payments. It is your responsibility to ensure there are sufficient funds available to cover the weekly auto pay. If an auto pay debit cannot be made for any reason, Vybe Movement may in its absolute discretion, process payment anytime after the due date upon receipt of sufficient monies in your account. As part of the membership agreement, Vybe Movement reserves the right to refuse entry to classes or cancel bookings if a client account is in arrears and until they bring their account up to date.

We reserve the right to increase fees for ongoing Memberships at any time. We will notify you in writing of any changes to the pricing details of the Membership. If you are paying for your Membership by auto pay / direct debit, you authorise us to debit any increased fee amounts from your nominated bank account. If you do not agree to any pricing changes, you may cancel your Membership in accordance with these Terms and Conditions.

We reserve the right to change our fees applicable to purchasing new Memberships at any time. We will notify you of any changes to the pricing of Memberships in writing.

No refunds or transfers are offered on unused portions of memberships due to illness, injury, change of address or any other reason unless otherwise agreed by Vybe Movement.

Memberships are non-transferable and must not be sold, traded, gifted, shared, provided or otherwise transferred to any other person. If we discover that you are engaging in any of these activities, we reserve the right to cancel your Membership permanently and ban you from visiting our Studio.

FAILED MEMBERSHIP PAYMENTS
Membership fees will be charged weekly to your nominated credit card or bank account via Momence/Stripe payments.

It is your responsibility to ensure sufficient funds are available to cover these weekly autopayments. If any payment is declined due to insufficient funds, Momence/Stripe or your bank may charge you a fee.

If your payment cannot be processed after three attempts, your membership will be placed on hold until the outstanding amount is paid in full. Additionally, Vybe Movement will charge an administration fee of $15 for processing.

You will not be able to attend classes during this hold period. Furthermore, you will not be permitted to purchase a membership, pack, or single session until the balance is settled.

Momence will continue to add any future weekly payments onto the outstanding amount and therefore, to avoid multiple pending weekly payments, please contact Vybe promptly to settle the balance.

VYBE MEMBERSHIP BENEFITS
Vybe Movement Memberships are flexible and designed to fit in with your busy life.

Member Benefits

• Classes at significantly reduced rates.

• No joining or cancellation fees.

• Discounts on products and merchandise from VYBE and local partners.

• 2 x Late Cancel Fees waived per 28 day cycle.

• Cancel anytime with 2 weeks’ written notice (Please note minimum commitment periods for each membership)

Members include those on Weekly Auto Pay 2, 3, 4 and Unlimited Memberships, Foundation Memberships and Student Memberships.

MEMBERSHIP WEEKS
If you are a Vybe Movement 2 class/week, 3 class/week and 4 class/week member, you are welcome to join the number of classes per your membership, in any given week. We do not have a standard ‘week’, as it will depend on the date you purchased the membership. Your ‘week’ begins on the day of your billing cycle. For example, if you pay on a Wednesday, you can attend two classes between Wednesday and the following Tuesday. Please note that any unused classes do not roll over to the next week.

MEMBERSHIP UPGRADE/DOWNGRADE
Vybe Movement Members are welcome to swap between the Membership options after the initial 1 month minimum commitment. Simply send your request with 1 week’s notice via email: [email protected] to upgrade or downgrade your Membership. If you choose to upgrade or downgrade your Membership, the change will be effective as of the next pay cycle.

SUSPEND YOUR MEMBERSHIP
We believe you should get the best value out of your membership, and we realise that life can get busy! For this reason, you are welcome to pause your membership at any time, for a minimum of 7 days, and up to a maximum of 8 weeks.

If you would like to suspend your membership, simply request your suspension by email: [email protected] at least 7 days prior to your next scheduled direct debit payment.

CANCEL YOUR MEMBERSHIP
To cancel your membership, simply send your request via email and provide two payment cycles' notice (please note that each membership may have a minimum commitment period).

All requests for cancellations must be made in writing, and unfortunately, we cannot honour in-studio, Messages, or verbal cancellations. You will receive an email confirming your cancellation when it has been completed. Please note, if you do not receive this email within 48 hours, your cancellation request has not been received.

Memberships are paid a week in advance, hence no refunds can be awarded once the transaction has been made if you fail to advise within adequate timeframes.

We understand that life can be unexpected, so please discuss your situation with us directly if required.

MEMBERSHIP AGREEMENTS
When signing up to one of our memberships, you must agree to the membership agreement detailed on the Momence app. This agreement authorises the direct debit and lists any conditions specific to your membership package.

Our class packs have the following expiry periods, effective from first booking:

• 5 Class pack: 3 months

• 10 Class pack: 6 months

• 20 Class pack: 9 months

Confirmation of Private Class booking is secured upon payment.

Notice of cancellation must be in writing and provided to Vybe Movement with 24 hours notice. Credit notes will not be provided if notice is outside of this period. Cancellations must be made via email to [email protected].

No refunds, transfers, suspensions or extensions are offered on unused portions of Private Sessions due to illness, injury, change of address or change of mind, and refunds are only given in line with Victorian Consumer Affairs regulations.

PRENATAL CLIENTS
Firstly, congratulations! We understand how important it is to continue to move your body when you’re growing another.

We invite all existing clients to continue training with us throughout their journey.

• Up to 13 weeks: Current clients can continue their classes as normal.
  

• 13 Weeks and Beyond: If you are a current client, your pregnancy is uncomplicated, and you feel up to it, you are welcome to continue taking classes at Vybe Movement.
  Before doing so, please reach out to us so we can provide you with a Prenatal form for your GP to complete. In addition, before your next class, we'll arrange a 1:1 consultation with one of our Senior Vybe Trainers, who can guide you through the current prenatal guidelines, allowing you to move safely with your bump throughout the remainder of your pregnancy.
  This will ensure that you have the required pregnancy-related information to allow you to continue to attend group classes safely. This is also so we can introduce you to a range of pregnancy specific equipment to make your class more comfortable if needed.

Pregnant clients are NOT permitted to attend JUMP sessions.

In adherence to our commitment to ensuring the well-being of our members, Trainers have the discretion to turn away pregnant clients from group sessions, particularly JUMP sessions, or if the mandatory private session addressing pregnancy-specific considerations has not been completed. This policy is implemented to prioritise the safety and health of both the expectant mother and her unborn child, as well as to provide individualised attention in accordance with their unique needs. We appreciate your understanding and cooperation in maintaining a secure and supportive environment for all our members.

For additional resources from the Department of Health, you can read up on their guidelines for physical activity during pregnancy - click here.

POSTNATAL CLIENTS
We ask that you wait until your 6 week check up with your GP or Midwife - as long as you have clearance, and they understand our sessions are not in a clinical and/or private setting, please reach out to us prior to your first booking and we'll send you through a Postnatal Form (applicable up to 12 weeks).

We recommend starting with our POWER class and we can provide exercise modifications, as you ease yourself back into exercise whilst your body is healing.

Please note: Our sessions are in a group setting, so while we’ll do our best to accommodate everyone, your trainer will also be focusing on the needs of all the members in your session. Remember, it’s perfectly okay for your experience to look different from the person next to you.

By participating in our classes, you understand that Vybe Movement or a professional photographer/videographer may take photos, videos or audio recordings of you during the course of a class.

You consent to Vybe Movement and its contractors to use your image or likeness obtained in this manner for legitimate promotional, marketing purposes and social media.

By signing up to any promotional event (e.g. free classes at a studio launch), you are agreeing not hold Vybe Movement or any of its contractors, partners or employees responsible for any injuries or other misfortune sustained while attending any classes or courses at the studio.

By participating in these events, you understand that for this event photos, videos or audio recordings will be taken of you during the course of a class/ event. You consent to Vybe Movement and its sponsors on the day to use your image or likeness obtained in this manner for legitimate promotional, marketing purposes and social media.